Harley is a nationally recognized litigator who has spearheaded his client’s defense in some of the country’s most complex product liability and commercial lawsuits. He has been at the forefront of developing, shaping and executing winning strategies—from the initial investigation to case-ending motion practice to victorious jury verdicts. His clients describe him as “extremely loyal” and a “zealous advocate in the courtroom.”
Harley currently serves as lead national counsel in In re: Taxotere (Docetaxel) Prods. Liab. Litig. (MDL 2740) and In re: Taxotere (Docetaxel) Eye Injury Litig. (MDL 3023) (“Taxotere II”). Harley is also lead national counsel on behalf of one of the world’s largest retailers in In re: Zantac (Ranitidine) Prods. Liab. Litig. (MDL 2924) and In re: Metformin Marketing & Sales Prac. Litig. Harley is the court-appointed Settlement Counsel on behalf of a consortium of retail pharmacies in In re: Valsartan, Losartan & Irbesartan Prods. Liab. Litig. (MDL 2875). Previously, he served in lead roles in In re: Guidant Corp. Implantable Defibrillators Prods Liab. Litig (MDL 1708) and In re: Gadolinium Contrast Based Agents Prods. Liab. Litig. (MDL 1909).
Harley has also successfully represented his clients in high-profile, multiparty, cross-border commercial disputes, including litigation involving three of the largest superyachts ever built. Beyond his experience across the United States, Harley has appeared and argued before the Federal District Court in Düsseldorf, Germany, and has served as coordinating counsel in legal disputes in Germany, Italy, Japan, France, Hong Kong, Montenegro and Argentina.
In addition to litigation, Harley is a trusted and pragmatic counselor. He regularly advises clients in dealings with domestic regulatory agencies, including the Food & Drug Administration (FDA) and Consumer Product Safety Commission (CPSC). He has negotiated, implemented and effectuated successful nationwide product recalls for manufacturers across an array of industries. Harley has counseled foreign clients on unique supply chain issues and developed strategies for reducing legal exposure while also safeguarding them in the event of litigation. He has also provided valued guidance for his clients on key business decisions, from contract negotiations, corporate formation and long-term product strategies.
Harley believes that representing defendants does not simply mean playing defense. Winning, instead, requires an unrelenting commitment to dictating the terms of engagement. He has been at the forefront in implementing cutting-edge, plaintiff-focused ESI discovery and employing comprehensive litigation data analysis to maximize results, a topic on which he has frequently presented.
Harley is an advocate for creative alternative-fee arrangements. He believes moving away from the billable hour better aligns the lawyer-client relationship, liberates outside counsel to focus on the best outcome, and provides greater flexibility to develop the talents of young attorneys.
Before law school Harley was a boots-on-the-ground reporter at award-winning newspapers, and he has leveraged journalistic skills—diligent investigation, clear writing and persuasive storytelling—in his practice. He is a compelling oral advocate, not an attorney reading from a script. He is a creative thinker who does not believe in operating from a playbook. Most of all, Harley believes there is no substitute for doing your own work, knowing the facts, and having the confidence to make tough decisions and give frank advice.
Over his career, Harley has held various leadership positions with the American Bar Association, as well as served on his firm’s hiring and associates committees. His accomplishments as an attorney have been consistently recognized by legal organizations, including Missouri Lawyers Media, Missouri & Kansas Super Lawyers, Benchmark Litigation, BTI Consulting, Thomson Reuters and American Lawyer Magazine.
Representative Matters
Sullen v. Sanofi-aventis U.S., LLC, 2024 WL 3339608, (N.D. Ala., July 9, 2024) – Granting Defendant’s Motion for Judgment on the Pleadings.
Dukes v. Sanofi-aventis U.S., LLC, 2024 WL 3272933, (N.D. Ala., July 1, 2024) - Granting Defendant’s Motion for Judgment on the Pleadings.
Cunningham v. Sanofi-aventis U.S. LLC et al., 2024 WL 3012966 (M.D. Fla. June 14, 2024) – Granting Defendant’s Motion for Summary Judgment.
Larsen v. Sanofi-aventis U.S., LLC, 2024 WL 2894131 (D. Or. June 10, 2024) – Granting Defendant’s Motion for Judgment on the Pleadings.
Sledge v. Sanofi-aventis U.S. et al., LLC, 2024 WL 2896302 (D. Or. June 10, 2024) – Granting Defendant’s Motion for Judgment on the Pleadings.
Dunn v. Sanofi-Aventis U.S. LLC, 2024 WL 2034707 (M.D. Ala. May 7, 2024) – Granting Defendant’s Motion for Judgment on the Pleadings.
Lambert v. Sanofi US Servs., Inc., 2024 WL 1608018 (W.D. Va. Apr. 12, 2024) – Granting Defendant’s Motion for Judgment on the Pleadings.
Robinson v. Sanofi-Aventis U.S. LLC, 2024 WL 1585566 (S.D. Ala. Apr. 11, 2024) – Granting Defendant's Motion for Judgment on the Pleadings.
Ditto v. Sanofi U.S. Servs., Inc., 2024 WL 1538004 (D. Colo. Apr. 9, 2024) – Granting Defendant’s Motion for Summary Judgment.
McClaflin v. Sanofi-Aventis U.S. LLC, 2024 WL 1538012 (D. Colo. Apr. 9, 2024) – Granting Defendant’s Motion for Summary Judgment.
Daniel v. Sanofi S.A., 2024 WL 1514450 (N.D. Ala. Apr. 8, 2024) – Granting Defendant’s Motion for Judgment on the Pleadings.
Shepard v. Sanofi-Aventis U.S. LLC, 2024 WL 1514451 (N.D. Ala. Apr. 8, 2024) – Granting Defendant’s Motion for Judgment on the Pleadings.
Fussell v. Sanofi-Aventis U.S. LLC, 2024 WL 1363915 (W.D.N.C. Mar. 29, 2024) – Granting Defendant’s Motion for Judgment on the Pleadings.
Gaynor-Madison v. Sanofi US Servs., Inc., 2024 WL 1260580 (S.D. Ala. Mar. 25, 2024) – Granting Defendant’s Motion for Judgment on the Pleadings.
McElrath v. Sanofi-Aventis US LLC, 2024 WL 1252377 (N.D. Fla. Mar. 13, 2024) – Granting Defendant’s Motion for Summary Judgment.
Hodges v. Sanofi US Servs., Inc., 2024 WL 510526 (C.D. Ill. Jan. 24, 2024) – Granting Defendant’s Motion for Summary Judgment.
Maxwell v. Sanofi-Aventis U.S. LLC, 2023 WL 7115575 (N.D. Ala. Oct. 27, 2023) – Granting Defendant’s Motion for Judgment on the Pleadings.
Ali v. Sanofi-Aventis U.S. LLC, 2023 WL 6390592 (N.D. Cal. Sept. 29, 2023) – Granting Defendant’s Motion for Summary Judgment.
King v. Sanofi U.S. Services Inc., 2023 WL 4084977 (N.J. Super. Law Div. June 08, 2023) – Granting Defendant’s Motion for Summary Judgment.
Linton v. Sanofi U.S. Services Inc., 2023 WL 4084976 (N.J. Super. Law Div. June 08, 2023) – Granting Defendant’s Motion for Summary Judgment.
Massey v. Sanofi U.S. Servs., 2023 N.J. Super. Unpub. LEXIS 928, *1. – Granting Defendant’s Motion for Summary Judgment.
In re Taxotere (Anderson), 2022 WL 17980209 (E.D. La. Dec. 27, 2022) – Granting Defendant’s Motion for Judgment on the Pleadings.
In re Taxotere (Smith), 2021 WL 3006968 (E.D. La. July 14, 2021) – Granting Defendant’s Motion for Summary Judgment
In re Taxotere (Gahan), 859 F. App’x 692 (5th Cir. 2021) – Affirming district court’s grant of summary judgment in favor of Defendant based on warnings causation.
In re Taxotere (Durden), 860 F. App’x 886 (5th Cir. 2021) – Affirming district court’s grant of summary judgment in favor of Defendant based on the statute of limitations.
In re Taxotere (Roach), 2021 WL 2042212 (E.D. La. May 21, 2021) – Granting Defendants’ Motion for Summary Judgment.
In re Taxotere (Thibodeaux, Johnson, and Francis), 995 F.3d 384 (5th Cir. 2021) – Affirming the district court’s grant of summary judgment in favor Defendant based on the statute of limitations.
In re Taxotere (Phillips), 994 F.3d 704 (5th Cir. 2021) – Affirming district court’s grant of summary judgment in favor of Defendant based on warnings causation.
In re Taxotere (Willie), 2021 WL 1534482 (E.D. La. Apr. 19, 2021) – Granting Defendant’s Motion for Summary Judgment.
In re Taxotere (Greer), No. 18-11728, 2021 WL 230243 (E.D. La. Jan. 22, 2021) – Granting Defendant’s Motion for Judgment on the Pleadings.
In re Taxotere (Crayton), 2021 WL 127292 (E.D. La. Jan. 13, 2021) – Granting Defendant’s Motion for Summary Judgment.
In re Taxotere (multiple plaintiffs), 837 F. App’x 267 (5th Cir. 2020) – Affirming district court’s dismissal for failure to comply with case management orders.
In re Taxotere (Durden), 2020 WL 4228375 (E.D. La. July 23, 2020), aff’d, 860 F. App'x 886 (5th Cir. 2021) – Granting Defendant’s Motion for Summary Judgment.
In re Taxotere (Kuykendall), 966 F.3d 351 (5th Cir. 2020) – Affirming district court’s dismissal of the Plaintiff’s claim for failure to comply with discovery orders.
In re Zantac, 510 F. Supp. 3d 1234 (S.D. Fla. 2020) – Granting Defendants’ Motion to Dismiss on preemption.
In re Taxotere, 2020 WL 3487594 (E.D. La. June 1, 2020) – Granting Defendant’s Motion for Summary Judgment based on Plaintiff’s failure to produce expert evidence on warnings causation.
In re Taxotere, 462 F. Supp. 3d 650 (E.D. La. 2020) - Granting Defendants’ Motion for Summary Judgment based on label adequacy.
In re Taxotere (Phillips), 2020 WL 1819665 (E.D. La. Apr. 7, 2020), aff’d, 994 F.3d 704 (5th Cir. 2021) – Granting Defendant’s Motion for Summary Judgment.
In re Taxotere (Gahan), 2020 WL 1030851 (E.D. La. Mar. 3, 2020), aff’d, 859 F. App’x 692 (5th Cir. 2021) – Granting Motion for Summary Judgment in favor of Defendant.
In re Taxotere (Johnson), 2019 WL 2995897 (E.D. La. July 9, 2019), aff’d, 995 F.3d 384 (5th Cir. 2021) – Granting Motion for Summary Judgment in favor of Defendant.
In re Taxotere (Francis), No. 16-17410, 2019 WL 2995897 (E.D. La. July 9, 2019), aff’d, 995 F.3d 384 (5th Cir. 2021) – Granting Motion for Summary Judgment in favor of Defendant.
Kahn v. Sanofi Aventis U.S. LLC - U.S. District Court for the Eastern District of Louisiana. Defense verdict in second bellwether trial of chemotherapy drug. (Taxotere MDL)
T.H. vs. Novartis Pharm Corp., et al., 2014 WL 5817660, (Cal. Super. Sept. 22, 2014) – Order granting Defendant’s demurrer.
Publications
Alison M. Newstead and Harley V. Ratliff, Global Overview, Getting The Deal Through: Product Recall 2018 (Law Business Research, Ltd. 2018-2019).
Alison M. Newstead and Harley V. Ratliff (Contributing Editors), Getting The Deal Through: Product Recall in 22 Jurisdictions Worldwide (Law Business Research Ltd. 2013-2016).
Alison M. Newstead and Harley V. Ratliff, Global Overview, Getting The Deal Through: Product Recall in 22 Jurisdictions Worldwide (2013-2016).
Harley V. Ratliff and Devin K. Ross, United States, Getting The Deal Through: Product Recall in 22 Jurisdictions Worldwide 2013-2016).
Harley V. Ratliff (Contributing Author), Rantings of a Partner... and Pushback from the Associate (Bart L. Greenwald ed., American Bar Association/First Chair Press 2011).
Gregory L. Fowler, Harley V. Ratliff and Devin K. Ross, United States, Getting The Deal Through: Product Recall in 26 Jurisdictions Worldwide (2011-2012).
Harley V. Ratliff, "Becoming a Superstar Senior Associate," ABA Section of Litigation Annual Conference (New York, New York), April 21-23, 2010.
Gregory L. Fowler, Harley V. Ratliff and Jeffrey D. Mitchell, United States, Getting The Deal Through: Product Recall in 20 Jurisdictions Worldwide 2010.
Harley V. Ratliff, So It Turns Out I’m a Senior Associate . . . , Mass Torts, Volume 7, No. 3 (ABA Section of Litigation), Summer 2009.
Harley V. Ratliff and Laura C. Fey, A Brave New World: The Dawn of Hyper-Complex Litigation (updated), Bloomberg Corporate Law Journal, Winter 2009.
Eric E. Hudson and Harley V. Ratliff, Blogging 101: An Interview with Mark Herrmann and James Beck of the "Drug and Device Blog," Mass Torts, Volume 6, No. 2 (ABA Section of Litigation), Winter 2008.
Eric E. Hudson, Paul Rheingold and Harley V. Ratliff, Mass Torts Litigation: Looking Back but Heading Forward, ABA Section of Litigation Joint CLE Conference (Snowmass, Colorado), January 11-13, 2008.
Harley V. Ratliff, Winning, Mass Torts, Volume 5, No. 3 (ABA Section of Litigation), Summer 2007.
Harley V. Ratliff, Finding Your Voice, Mass Torts, Volume 5, No. 2 (ABA Section of Litigation), Spring 2007.
Presentations
Panelist, Bench-Bar Workshop Addressing Likely Surges of Tag-Along Filings in Mass-Tort MDLs, Rabiej Litigation Law Center, Aug. 8-9, 2024, Chicago, Illinois.
Testimony, Advisory Committee on Civil Rules, Hearing on Proposed Amendments to Civil Rules 16, 26 and Proposed New Rule 16.1, October 16, 2023, Washington D.C.
Panelist, Examining How Proposed New Rule 16.1 Will Transform the Future of MDL Case Management, ACI's Drug and Medical Device Litigation Conference, December 5, 2023, New York, New York.
Presenter, Developing Techniques for Managing MDL Complexities: Obtaining Tools for Identifying, Controlling and Reducing Meritless Claims, ACI 24th Annual Conference on Drug & Med Device Litigation, December 10, 2019, New York, New York.
Panelist, Busier Than a Centipede at a Toe-Counting Contest: Exponential Mass Tort Case Filing Volume as a Function of Bogus Trigger Dates, States' Statutes of Limitations, and Profit Potential, Update of the Law CLE, Kansas City, Missouri, June 13, 2019.
Presenter, Regulation of Drug Manufacturing, FDLI Introduction to Drug Law and Regulation: The Legal Framework for Drug Regulation, FDLI, August 27-28, 2015, Indianapolis, Indiana.
Presenter, Products Liability Trends Outside the US and Canada, Association of Equipment Manufacturers' Gateway to Product Safety, April 23, 2015, St. Louis, Missouri.
Co-Presenter, Total Recalls: Counsel Perspective on Processes for Streamlining the Response to Product Issues and Effectively Working with the CPSC, ACI’s Consumer Products Regulation & Litigation Conference, June 26, 2013, Chicago, Illinois.
Presenter, FDLI/CDER In-House Training: Introduction to Drug Law and Regulation, Food and Drug Administration, May 10, 2011.
Moderator, Working with Experts 101 - The Do’s and Don’ts Every Young Lawyer Should Know, ABA Section of Litigation Joint CLE Conference, January 23, 2009, Vail, Colorado.
Co-Presenter, Mass Torts Litigation: Looking Back but Heading Forward, ABA Section of Litigation Joint CLE Conference, January 13, 2008, Snowmass, Colorado.
Co-Presenter, Update On Recent Mass Torts Cases ABA Section of Litigation Annual Meeting, April 14, 2007, San Antonio, Texas.
Media Coverage
Two-fer Tuesday-When Summary Judgement is Granted, Plaintiffs Should be Prepared to Pay Costs, Drug & Device Law, December 3, 2024.
Taxotere MDL Dismisses Cases for Failure to Respond Timely to Suggestions of Death, Drug & Device Law, November 12, 2024.
Taxotere Lone Pine Continues to Stand, Drug & Device Law, October 11, 2024.
A Bed of Their Own Making: Taxotere Claims Held Untimely Under Oregon Statute of Repose, Drug & Device Law, June 25, 2024.
Taxotere MDL Denies Plaintiffs' Attempt to Undo Lone Pine Order, Drug & Device Law, May 29, 2024.
No Second Chance at Service for Taxotere Plaintiffs, Drug & Device Law, April 26, 2024.
Judge Sides With Sanofi, Dismissing Patient's Claims Against Cancer Medication Taxotere, ALM, April 17, 2024.
More Taxotere Remand Courts Deny Untimely Amendments, Drug & Device Law, March 29, 2024.
Taxotere Remand Court Torpedoes Tardy Amendment, Drug & Device Law, March 20, 2024.
Enough Is Enough in Taxotere Remand Case, Drug & Device Law, March 8, 2024.
Third Times a Charm for Lone Pine in Taxotere MDL, Drug & Device Law, February 27, 2024.
Dunn and Done: MDL Remand Court Rejects Attempt to Amend Complaint, Drug & Device Law, February 9, 2024.
Taxotere Timing Troubles Persistently Plague Plaintiffs, Drug & Device Law, June 23, 2023.
The Ten Best Prescription Drug/Medical Device Decisions of 2021, 7. In re Taxotere (Docetaxel) Products Liability Litigation (Two Shook Cases), Drug & Device Law, December 30, 2021.
Generics, Retailers Escape Zantac MDL With Preemption, Law360, July 9, 2021.
5th Circ. Won’t Revive Sanofi Chemo Hair Loss Suit, Law360, June 10, 2021.
Another Sanofi Taxotere Hair-Loss Case Dismissed as Too Late, Bloomberg Law, May 25, 2021.
Great Results, if Wobbly Reasoning, in Taxotere “Warnings Causation” Decisions, Drug & Device Law, May 14, 2021.
Fifth Circuit Affirms Two Defense Victories from the Taxotere MDL, Drug & Device Law, April 30, 2021.
5th Circ. Finds Chemo Drug Hair Loss Claims Filed Too Late, Law360, April 23, 2021.
5th Circ. Affirms Win for Sanofi in Chemo Hair Loss Suit, Law360, April 21, 2021.
Taxotere Plaintiffs Taken Down By Their Own Expert — Again, Drug & Device Law, July 3, 2020.
Sanofi May Assert Lack of Knowledge of Taxotere Hair Loss Risk, Bloomberg Law, July 2, 2020.
Sanofi Exits Some Taxotere Suits, More Dismissals Expected, Bloomberg Law, June 3, 2020.
Sanofi Boots Some Plaintiffs From Chemo Hair Loss MDL, Law360, June 2, 2020.
Sanofi Beats Taxotere Claims Over Post-2015 Hair Loss Warnings, Bloomberg Law, May 28, 2020.
Clock Has Run Out For Hair-Loss Patients In Chemo MDL, Law360, January 24, 2020.